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Rule 128. Motions

Arizona Revised Statutes AnnotatedJustice Court Rules of Civil Procedure

Arizona Revised Statutes Annotated
Justice Court Rules of Civil Procedure (Refs & Annos)
Part VII: Motions
17B A.R.S. Justice Court Civ.Proc.Rules, Rule 128
Rule 128. Motions
a. Defined. A motion is a request made by a party (the “moving party”) that the judge take certain action or enter a particular order. [ARCP 7.1(a)]
b. Application of this rule. This rule applies to motions made under these rules, including but not limited to: motions under Rule 116 (a motion in response to a complaint), Rule 119 (a motion to amend or to supplement a pleading), Rule 127 (a motion concerning a discovery violation), Rule 128(g) (a motion for judgment on the pleadings), Rule 138 (a motion for new trial), and Rule 141 (a motion for relief from a judgment or an order). This rule also applies to motions that may not be provided for in these rules. This rule does not apply to motions that are made in open court during a conference, hearing, or trial, or to motions brought under Rule 129 (a motion for summary judgment).
c. Form of a motion; service; required notice. A motion must be in writing and must comply with the format required by Rule 108. The original motion must be filed with the court and served on all other parties as provided in Rule 120. The moving party must include the following notice at the beginning of the motion:
“You have a right to file a written response to this motion within ten (10) days from the date this motion was served. Your response must be filed with the court, and copies of your response must be served on the other parties as provided by Rule 120 of the Justice Court Rules of Civil Procedure. The court may treat your failure to respond to a motion as your consent that the motion be granted.” [ARCP 7.1(a)]
d. Content of a motion. A motion must state the specific action that the moving party is requesting the court to take, or the specific order that the moving party is requesting the court to enter. A motion must include the facts and reasons that support the request. A motion that is made pursuant to one of these rules must identify that rule. A motion must identify any statute, case, or other rules or legal authority that supports the request made by the moving party. [ARCP 7.1(a)]
e. Proceedings on a motion. Any party opposing a motion has ten (10) days after the motion is served to file a response to the motion with the court. The time to respond to a motion remains in effect even if the court has set a pretrial conference. The court may treat a party's failure to respond to a motion as the party's consent that the motion be granted. Within five (5) days after a response is served, the moving party may file with the court a reply to the response, but a reply is not required. A response and a reply, if any, must be provided to (“served on”) the other parties as required by Rule 120. [ARCP 7.1(a)]
f. Hearing on a motion. The court may rule on motions brought under this rule with or without a hearing. The court will provide the parties with at least five (5) days notice if a hearing is set on a motion. The court may treat a moving party's failure to attend a hearing on a motion as consent by that party that the motion be denied; and it may treat a responding party's failure to attend a hearing as consent that the motion be granted. [ARCP 7.1(b)-(d)]
g. Motion for judgment on the pleadings. After the pleadings have been filed, any party may file a motion for judgment on the pleadings. The motion will be granted if, for purposes of the motion only, all of the allegations in the opposing party's pleadings are considered to be true, and the party who filed the motion would be entitled to judgment on the pleadings in their favor as a matter of law. If matters outside the pleadings are presented to the court, the court will treat the motion as a motion for summary judgment under Rule 129. [ARCP 12(c)]

Credits

Adopted Aug. 30, 2012, effective Jan. 1, 2013. Amended on an emergency basis Feb. 13, 2013, effective Feb. 13, 2013, amendment adopted on a permanent basis Aug. 28, 2013.
17B A. R. S. Justice Court Civ. Proc. Rules, Rule 128, AZ ST J CT RCP Rule 128
State Court Rules are current with amendments received and effective through 8/1/22. The Code of Judicial Administration is current with amendments received through 8/1/22.
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